Consultation Paper on Bioethics - Law Reform Commission

6.19 The Commission provisionally recommends that an advance care
directive is not applicable if
It is ambiguous in relation to the proposed treatment
If all the circumstances outlined in the advance care
directive are present
If, while competent, the author of the advance care
directive said or did anything which puts reasonable
doubt in the mind of the doctor that the author had
changed their mind but did not have the opportunity to
revoke the advance care directive. [Paragraph 4.62]
6.20 The Commission provisionally recommends that before an advance
care directive is activated, the author of the advance care directive must lack
capacity and the treatment proposed must be the treatment outlined in the
advance care directive. [Paragraph 4.68]]
6.21 The Commission provisionally recommends that a competent person
can verbally revoke their advance care directive regardless of whether there is a
verbal or written advance care directive and also welcomes submissions on this
point. [Paragraph 4.78]
6.22 The Commission provisionally recommends that, while advance care
directives should be reviewed regularly, there should be no time limit put on
their validity. [Paragraph 4.84]
6.23 The Commission invites submissions on whether it is necessary to
have a central filing system for advance care directives. [Paragraph 4.88]
6.24 The Commission provisionally recommends that a healthcare
professional will not be liable if they follow an advance care directive which they
believe to be valid and applicable. [Paragraph 5.51]
6.25 The Commission invites submissions on whether consequences and
sanctions should follow if a medical professional fails to follow a valid and
applicable advance care directive. [Paragraph 5.65]
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